WEST VIRGINIA CODE

WVC 21 - 3 - 14
§21-3-14. Power of commissioner as to witnesses; prosecution of
offenses; penalties; jurisdiction; exemption of coal
mining operations; recovery of civil penalties.
The commissioner of labor or any authorized representative
of the department of labor in the performance of any duty or the
execution of any power prescribed by law shall have the power to
administer oaths, certify to official acts, take and cause to be
taken depositions of witnesses.

It shall be the duty of the attorney general and the several
prosecuting attorneys, upon request of the commissioner of labor
or any of his authorized representatives, to prosecute any
violation of the law which it is made the duty of the said
commissioner of labor to enforce.

If any employer, employee, owner or other person shall
violate any provision of this chapter or shall fail or refuse to
perform any duty lawfully required within the time prescribed by
the commissioner of labor or his authorized representatives, for
which no penalty has been specifically provided, or shall fail,
neglect, or refuse to obey any lawful order given, made or
promulgated by the commissioner of labor or his authorized
representatives, or shall interfere with, impede, or obstruct in
any manner the commissioner of labor or his authorized
representatives in the performance of his or their official
duties, he shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not less than ten dollars nor more than
fifty dollars, or shall be imprisoned for not exceeding six
months, or both so fined and imprisoned, for each such offense; and each day such violation, omission, failure, or refusal
continues shall be deemed a separate offense.

A justice of the peace shall have concurrent jurisdiction
with the circuit court and other courts having criminal
jurisdiction in his county for the trial of offenses under this
article. Those portions of all coal mining properties and
operations which are under the supervision of the department of
mines are excepted from the operation of provisions of this
article.

In lieu of the penalties heretofore provided in this
section, any such penalty may be recovered in a civil action in
the name of the state of West Virginia.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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